Terms and Conditions of Use
Welcome to HotWobbles.com. Hotwobbles.com is a feature rich web based service (the "Service") that will allow you to interact with your entire network of friends, meet new friends and explore their worlds. Before you use the Service, you must register as a member of the site, prior to registration you must agree to be bound by these terms and conditions (the "Agreement"). If you do not agree to be bound by this Agreement after reading it, you may not use Hotwobbles.com.
You agree that we may modify this Agreement or the Privacy Policy from time to time and such modification shall be effective 30 days after being posting by Hotwobbles.com on the Website. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted.
NOTE TO KIDS UNDER 13 YEARS OF AGE: THE Hotwobbles.COM SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13. If you are under 13 years of age, then please do not use the Service – there are lots of other great Web Sites for you. Talk to your parents about what sites are appropriate for you.
The Service
The Service includes services provided on Hotwobbles.com's Web Site and services by Hotwobbles.com's Affiliates. To use this Service, you understand and agree to the following:
- When registering for the Service, you must submit a valid e-mail address that can be verified by us and select a password and user name.
- You are responsible for maintaining the confidentiality of your member name and password.
- You are responsible for all uses of your account -- whether or not you've authorized such use.
- You agree to notify Hotwobbles.com immediately of any unauthorized use of your account; and
- you are at least sixteen (16) years of age.
Hotwobbles.com will not be held liable for any loss or damage for non-compliance. In addition, you understand and agree that Hotwobbles.com will use aggregated data collected from you and other users for statistical and analytical reporting purposes. You understand, and agree that, unless expressly stated, Hotwobbles.com in no way controls, verifies, or endorses any of the information contained on or in the Hotwobbles.com Service, including links, events, messages, message boards and members' published listings.
Registration
As part of the registration process for the Service, you agree to:
- Provide certain limited information about you as prompted to do so by the Service (this information must be current, complete and accurate).
- Maintain and update this information as required to keep it current, complete and accurate.
The information requested upon original sign-up shall be referred to as registration data ("Registration Data"). Hotwobbles.com reserves the right to delete accounts created by users who appropriate the name, likeness, e-mail address, or other personally identifiable information of another individual. Hotwobbles.com reserves the right to refuse the Service to any user.
Eligibility
You must be sixteen (16) years of age or older to register as a member of Hotwobbles.com or use the Web Site. Membership in Hotwobbles.com is void where prohibited by law. By using the Hotwobbles.com Web Site, you represent and warrant that you have the right, authority, and capacity to agree to, and abide by, this Agreement.
Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other members.
Term
This Agreement will remain in full force and effect while you use the Hotwobbles.com Web Site and/or are a Member. You may cancel your Hotwobbles.com membership at any time by using the cancel membership page. Once we process your request, we will remove your account from our database. Hotwobbles.com may terminate your membership for any reason, at any time. Even after membership is terminated, this Agreement will remain in effect.
Non Commercial Use by Members
The Hotwobbles.com Web Site is for the personal use of individual Members only and may not be used in connection with any commercial endeavours. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Web Site for any purpose. Illegal and/or unauthorized uses of the Web Site, including collecting usernames and/or e-mail addresses of members by electronic or other means for the purpose of sending unsolicited e-mail and unauthorized framing of or linking to the Web Site will be investigated, and appropriate legal action will be taken, including, without limitation, civil, criminal, and injunctive redress. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges.
Proprietary Rights in Content on Hotwobbles.com
Hotwobbles.com owns and retains all intellectual property rights in the Web Site and our Service. The content (except for content owned and submitted by users), visual interfaces, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Web Site and Service provided by Hotwobbles.com (“Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the Service are the copyrighted property of Hotwobbles.com or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Hotwobbles.com or its affiliates and/or third-party licensors. Except as expressly authorized by Hotwobbles.com, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
You also agree to the following terms regarding the content posted on the Hotwobbles.com site:
- You understand and agree that Hotwobbles.com may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of Hotwobbles.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
- Your profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you.
- You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Hotwobbles.com site, or transmit to other Members.
All photos uploaded to Hotwobbles.com remain property of their owners unless otherwise specified.
By default, your photos carry no license, meaning you reserve all rights over your images even if they are set as "Public". Public images are simply viewable by anyone, this does not affect copyright in any way.
- To operate the Hotwobbles.com Service and Web Site and display your photos as you request, intellectual property laws require Hotwobbles.com to obtain from you a “license.” As described above, you completely own your photos. However, for the reasons described above, you hereby grant to Hotwobbles.com a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit your submissions in connection with the Service and Hotwobbles.com’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
The following is a partial list of the kind of Content that is illegal or prohibited on the Web Site. Hotwobbles.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision including, without limitation, removing the offending communication from the Hotwobbles.com site and terminating the membership of such violators. It includes Content that:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail," "chain letters" or unsolicited mass mailing or "spamming";
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- displays pornographic or sexually explicit material of any kind;
- provides material that exploits people under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under sixteen (16);
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personally-identifying information for commercial or unlawful purposes from other users;
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes; or
- solicits people you don't know to add you or accept you as a friend on Hotwobbles.com.
Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages (from any party) related to such exposure.
You must use the Service in a manner consistent with any and all applicable laws and regulations.
You may not engage in advertising to, or solicitation of, other Members to buy or sell any commercial products or commercial services through the Service. You may not engage in advertising to, or solicitation of other members to buy or sell any personal products or services. You may not transmit any chain letters or junk e-mail to other Members. Although Hotwobbles.com cannot monitor the conduct of its Members off the Web Site, it is also a violation of these rules to use any information obtained from the Hotwobbles.com Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Hotwobbles.com reserves the right to restrict the number of messages which a Member may send to other Members in any 24-hour period to a number which Hotwobbles.com deems appropriate in its sole discretion.
Copyrights and Trademarks
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, Web Site if you are a copyright owner or an agent thereof and believe that any content posted on Hotwobbles.com infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Hotwobbles.com’s designated Copyright Agent to receive notifications of claimed infringement is: Copyright Notice, PO Box 1240 Milton QLD Australia email: wobble
Member Disputes
You are solely responsible for your interactions with other Hotwobbles.com Members or third parties. Hotwobbles.com reserves the right, but has no obligation, to monitor disputes between you and other Members or third parties.
Links to Third Party Sites
Any links included within the Hotwobbles.com site that take users out of the Hotwobbles.com site are not under the control of Hotwobbles.com. Hotwobbles.com shall not be responsible for the content of any linked site or any link contained in a linked site. All such sites shall be subject to the policies and procedures of the owner of such site. We encourage you to read those policies and know your rights.
Transactions with Organizations or Individuals
Hotwobbles.com shall not be liable for your interactions with any organizations and/or individuals found on or through the Hotwobbles.com Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that Hotwobbles.com is not responsible for any damage or loss incurred as a result of any such dealings. Hotwobbles.com is under no obligation to become involved in disputes between participants on the site, or between participants on the site and any third party. In the event of a dispute, you release Hotwobbles.com, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our Service.
Availability of Products; Purchases
Hotwobbles.com may make changes to or discontinue any of the music, media, videos, products, or services available within the Service at any time, and without notice. The music, media, videos, products, or services on the Service may be out of date, and Hotwobbles.com makes no commitment to update these materials on the Service.
Regardless of the use of the word “purchase,” all content offered for download or other electronic delivery are offered for license, not purchase or sale, and are subject to this Agreement and any other license terms and conditions applicable to such content, including limitations imposed by the use of digital rights management technology. Your request to “purchase” particular content by downloading or other electronic delivery is personal to you, and the content may not be used, sold, rented, transferred, licensed, or otherwise provided to any other individual. Licenses to use such content include only those rights explicitly stated in any Service content usage rules or in the applicable ownership, license terms, or usage rules accompanying the particular content, and, for the avoidance of doubt, do not include the right to create a derivative works, to make copies other than for your own personal use, or to use the content in any commercial manner.
Hotwobbles.com may impose an additional transaction fee based on any transactions associated with the Service. Such transaction fee will be disclosed to you prior to your agreement to complete the relevant transaction.
Payment Terms
All payments must be made by VISA and MasterCard. We do not accept cash, checks, or any other payment form. You agree to pay for all products and services that you purchase through the Service, and we may charge your selected payment method for any such payments. You are required to keep your billing information current, complete, and accurate (e.g., a change in billing address, credit card number, or expiration date) and notify Hotwobbles.com if your selected payment method is cancelled (e.g., for loss or theft).
You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family, or friends). If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You are also responsible for paying any governmental taxes imposed on your purchase from or use of the Service, including, but not limited to, sales, use, or value-added taxes. To the extent Hotwobbles.com is obligated to collect such taxes, the applicable tax will be added to your billing account.
Returns; Refunds
All music, media, content, or other products and services downloaded and all subscriptions purchased on the Web Site and/or the Service are final and nonrefundable.
Privacy Policy
Use of the Web Site and/or the Service is also governed by our Privacy Policy which is hereby incorporated into this Agreement by reference.
Disclaimers
HOTWOBBLES.com is not responsible for any incorrect or inaccurate Content posted on the Web site or in connection with the HOTWOBBLES.com Service, whether caused by users of the Web site, Members or by any of the equipment or programming associated with or utilized in the Service. HOTWOBBLES.com is not responsible for the conduct, whether online or offline, of any user of the Web site or Member of the Service. HOTWOBBLES.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. HOTWOBBLES.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will HOTWOBBLES.com be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any Content posted on the Web site or transmitted to Members, or any interactions between users of the Web site, whether online or offline. The Web site and the Service are provided "AS IS" and HOTWOBBLES.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. HOTWOBBLES.com cannot guarantee and does not promise any specific results from use of the Web site and/or the Service. The Service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from HOTWOBBLES.com or through or from the Service shall create any warranty not expressly stated herein.
Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will HOTWOBBLES.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the HOTWOBBLES.com Service, even if HOTWOBBLES.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, HOTWOBBLES.com's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to HOTWOBBLES.com for the Service during the term of membership.
Disputes
Governing Law. Your use of the Web Site and/or the Service, and this Agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
Jurisdiction. You agree that any action at law or in equity arising out of or relating to this Agreement or the Web Site and/or the Service shall be filed only in the state or federal courts in and for Santa Clara County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Indemnity
You agree to defend, indemnify and hold harmless Hotwobbles.com with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with your use of the Hotwobbles.com Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Hotwobbles.com retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Hotwobbles.com herein under the terms and provisions of this Section and in no event shall you settle any such claim without Hotwobbles.com's prior written approval.
General Practices Regarding Use and Storage
You acknowledge that Hotwobbles.com may establish general practices and limits concerning use of the Service including, without limitation, the maximum number of days that messages or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Hotwobbles.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Hotwobbles.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Hotwobbles.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Hotwobbles.com reserves the right to modify these general practices and limits from time to time.
No Agency
The terms and provisions of this Agreement shall not be interpreted as creating an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Hotwobbles.com and any User of the Service. A Member may not bind or obligate Hotwobbles.com without Hotwobbles.com's prior written consent.
Special Admonitions for International Use
As a consequence of the global nature of the Internet, you agree to comply with all local rules regarding user conduct on the Internet and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Miscellaneous
This Agreement, accepted upon use of the Web Site and further affirmed by becoming a Member of the Hotwobbles.com Service, contains the entire agreement between you and Hotwobbles.com regarding the use of the Web Site and/or the Service. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Hotwobbles.com without restriction. The failure of Hotwobbles.com to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
YOU AND Hotwobbles.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE OR WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The services hereunder are offered by Hotwobbles.com, located at Queensland Australia.
Please contact us with any questions regarding this Agreement.
Hotwobbles.com and Wobble is a trademark of Glentwood, Pty Ltd
